Supreme Court of North Carolina December 5, 1858 (Alexander v. . Torrence)

Peaksoit, C. J.

It is unnecessary to notice many of the exceptions set out in the statement -of the case ; because the Court is of opinion that the defendant is entitled to a

■venire de novo

upoa the merits.

To maintain the action, it was necessary for the plaintiff to prove an eviction by title paramount.